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Landrieu To Reid: No Triggers, No Bill--Negotiating Compromise With Schumer

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Sen. Mary Landrieu (D-LA), Sen. Blanche Lincoln (D-AR), Sen. Ben Nelson (D-NE)

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After announcing her intent to support a health care debate this afternoon, Sen. Mary Landrieu (D-LA) told reporters she thinks Senate Majority Leader Harry Reid will soon have to choose between a triggered public option and no health care bill. She also says Sen. Chuck Schumer (D-NY)--the third-ranking Democrat in the Senate one of its most fierce and vocal public option advocates--has been tasked as a point man on the issue.

"I believe it's going to be very clear at some point very soon that there are not 60 votes for the current provision in the bill, and that the leader and the leadership are going to have to make a decision and I trust that they will figure out how to do that," Landrieu told reporters.

Landrieu has been in negotiations with a number of centrist senators about a compromise that would eliminate the public option, except in states where insurance remains unaffordable. Interestingly, though, Schumer is playing a big role in that process.

"Senator Schumer's working on that. He's sort of been tasked as one of the point people," she told me. "He's been tagged as one of the point people to help negotiate that."

Schumer's involvement as a liaison between liberal and conservative Democrats puts the trigger issue in a new light. When Reid announced that he'd include his opt-out plan in the health care bill in lieu of triggers, many, including trigger-author Olympia Snowe, believed the compromise to be dead. But it now appears to be one of the central points of discussion between leadership and conservative Democrats as they try to find 60 votes for a reform bill.

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November 21, 2009 1:52 PM   

Time for reconciliation then.

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November 21, 2009 1:59 PM    in reply to QuiteAlarmed

Reconciliation is going to be worse than this. There's no way we can guarantee 50 senators will stick together to what would be hundreds of points of order from republicans.

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November 21, 2009 2:04 PM    in reply to calchala

Nonsense. We have a solid 50+ on the underlying framework.

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November 21, 2009 2:08 PM    in reply to Lestatdelc

I don't know about that. It's a very weak group of 50. I think we have enough amendments folks will get tired of protecting it, the bill will get more unpopular as debate continues (it's already scheduled for a month) and we could lose it all. I don't think folks like Warner and Webb and Hagan are as strong as we think they are.

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November 21, 2009 2:26 PM    in reply to calchala

That sounds like nonsense to me. If the Senate Democratic Caucus is really so completely dysfunctional that it can't keep 50 of its members together for legislation enacting one of the party's major planks simply because the members will "get tired" of all of the procedural votes, then the Senate Democratic Caucus is broken beyond repair. If that were the case, then it would be time to stop voting for Democrats. There's no point keeping a party in office that is too dysfunctional to advance its platform.

I don't believe that the Caucus is that dysfunctional.

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November 21, 2009 2:30 PM    in reply to QuiteAlarmed

Watch the debate over the next month and get back to me. The bill will be changed significantly from what's been given.

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November 21, 2009 2:35 PM    in reply to calchala

Actually, I believe L is correct. There are a solid 50 (and then Biden). In fact, I've heard the estimate actually stands closer to 53-4.

However, the biggest obstacle with reconciliation is that this is a procedure restricted to only budgetary legislation. Meaning: Things can be funded, but you are restricted from doing much in the way of creating organizations, structure, or even passing laws abridging or controlling things, except to say that if X occurs, Y will not receive funding.

At least, that's what I have heard about it (not being any kind of expert in Senate arcana). Larry O'Donnel was talking about this on Maddow's show once (he was chief of staff of the senate finance committee during the 93 HCR attempt; he should know those rules).

Oh, the other drawback to reconciliation he mentioned: Every single stipulation or amendment can be challenged, and those challenges require super-majority votes (60) to overcome. Bottom line being that the filibuster rule can actually go on steroids once reconciliation starts, as opposed to only needing to overcome it two times with regular legislative processes that are taking place now.

Reconciliation is not the panacea it has been sold as being.

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November 21, 2009 2:57 PM    in reply to TheRealFish

They can do it in two separate bills. First do a bill with all the things that are tied to the budget -- the most prominent of those is the public option. Get that passed through reconciliation. Next, do a bill with the non-budgetary reforms. This will require 60 votes for cloture, but it won't include the measures that the conservative democrats say that they oppose.

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November 21, 2009 2:39 PM    in reply to calchala

I think Webb is safe- however if they went reconciliation, right off the bat 5 senators would be gone- Lieberman, Lincoln, Landrieu, Ben Nelson, and probably Bayh.

Then, they'd still have to keep it from getting 'too liberal' (guh) to keep from losing the loose hangers- Bill Nelson, Pryor, Hagan, Warner. But then we're left with only 2 senators to wiggle with- and I have limited faith in Conrad and Feinstein (remember her statements about the public option back in the spring?). Not to mention that puts us in a tricky position with a few of the other surviving centrists- Baucus and Bennet come to mind.

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November 21, 2009 3:05 PM    in reply to holyhandgrenaid

Let's assume that your analysis is correct. Lieberman, Lincoln, Landrieu, Ben Nelson, and Bayh are lost as soon as they go to reconciliation. Bill Nelson, Pryor, Hagan, Warner, Conrad, Feinstein, Baucus and Bennet are all questionable. Remember, even in that situation they don't need to find a way to satisfy all 8 of the questionable Senators. They only need to bargain away enough sweeteners to buy the votes of 3 of the questionable. That is definitely doable.

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November 21, 2009 3:27 PM    in reply to QuiteAlarmed

Oh I know that we only have to keep a couple of the questionable ones in line, and the ability to keep Baucus and Feinstein in place is better than others because they're part of the leadership, for better or worse. So okay, it probably wouldn't be impossible to keep those two on board, which means only one of the other 6 risky senators is needed (hypothetically). Out of that group, IMHO, Bennet is the most likely to stay on board, and I'm not entirely sure beyond that.

Of course, McCaskill and Carper need to be watched as well.


But I stand by my point that reconciliation will bleed the Lieberman, Lincoln, Landrieu, Nelson, and Bayh right off the bat.

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November 21, 2009 3:10 PM    in reply to Lestatdelc

Actually, we need 60, not 50, votes for every procedural challenge we receive during reconciliation.

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November 21, 2009 1:53 PM   

Fuck her. Let her kill HCR because she is too stupid to even grasp the realities of the issue. Opt-out IS the compromise. If she wants to consign 40,000+ Americans to die because of lack of healthcare, then make it be very publicly on her head.

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November 21, 2009 2:18 PM    in reply to Lestatdelc

Fuck her. Let her kill HCR because she is too stupid to even grasp the realities of the issue. Opt-out IS the compromise. If she wants to consign 40,000+ Americans to die because of lack of healthcare, then make it be very publicly on her head.

Landrieu is convinced that the opposite is true - that supporting HCR, or at least this version of it, will cost her her seat. Never mind the fact that she just got re-elected and will have another 4 1/2 years to "make it up" to her conservative constituency.

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November 21, 2009 2:23 PM    in reply to jdb316

That would be a disaster for me. I'm about to lose my employer health care and I have a pre-existing condition. I'd rather they pass something with at least the provisions about recission and pre-existing conditions than nothing at all. If nothing at all passes I am in a lot of trouble.

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November 21, 2009 2:29 PM    in reply to JustAChicagoVoter

This was supposed to be a reply to lestadelc's post.

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November 21, 2009 3:12 PM    in reply to jdb316

So we're all to be victims of Moon Unit Lanrdrieu's stupidity?

I don't think she "believes" anything, except that it's the most important thing in the republic to insure her own re-election. She's demonstrated her unfitness to serve, and I hope Democrats across the country will work for her removal however this bill comes out.

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November 21, 2009 3:13 PM    in reply to jdb316

And she believes that keeping her fat, ignorant ass in the senate is more important than 45,000 lives/1 million bankruptcies/untold millions in misery every year. It's really that simple.

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November 21, 2009 1:53 PM   

Let us see how Greenwald blames the president for this.

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November 21, 2009 1:55 PM   

If they pass a bill with a trigger and it goes to conference they conference committee can include a public option with an opt-out clause. If they do that can the conference report be filibustered or does it go straight to an up or down vote?

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November 21, 2009 2:07 PM    in reply to JustAChicagoVoter

IIRC, the motion to proceed to the consideration of the conference report is privileged, and non-debatable, but the motion to approve the conference committee report is debatable, and hence can be filibustered.

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November 21, 2009 2:23 PM    in reply to Davis_X_Machina

Well shit.

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November 21, 2009 3:21 PM    in reply to JustAChicagoVoter

Yup. Sadly, this crap has to go back through the senate once more after this round to even get to the president's desk.

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November 21, 2009 1:56 PM   

Lady's trigger happy. So if there are triggers, the PO is, I guess, decidedly state based. One state doesn't trigger the PO for the whole country, only for its state. If prices rise too fast in Maine, say, Maine residents get a PO. Which doesn't pre-enroll anyone, which can't bargain with pharma, which has no established network of providers, which has to make a profit for the first 10 years to repay its start-up capital, which isn't protected from adverse selection by a strong risk adjuster mechanism.

If it has a trigger, fuck it. Pass health insurance reform (guaranteed issue, end rescission, repeal McCarren-Ferguson) and dump the mandate and the public option. Introduce single payer (Bernie Sanders' S.703 or Conyers' HR 676) early next year.

Health insurers to America: Your money or your life.

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November 21, 2009 1:58 PM   

What a joke. Schumer really disappoints me here.

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November 21, 2009 2:34 PM    in reply to Curtis

I'm not sure what Schumer can really do. If no HCR gets passed, Dems are toast next year and in 2012, along with Obama. If he, Durbin and Reid try to pull an LBJ, they risk Nelson, Lincoln and Landrieu telling the Dem leadership to go f--k themselves and switch parties, which will help their future re-election prospects, given their respective constituencies. And they still don't get HCR done.

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November 21, 2009 2:02 PM   

The U.S. Congress is the most corrupt, feckless legislative body in the world. Its members work not for us, but for their corporate paymasters. Lucky us.

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November 21, 2009 2:18 PM    in reply to Vertigo

really? in the world?

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November 21, 2009 2:30 PM    in reply to Viva!America!

You obviously don't know much about other countries. Plus, in most parliaments, the way people vote is determined by only one person - the party leader. So it only requires one person to corrupt.

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November 21, 2009 3:00 PM    in reply to midnight rambler

That's exaggerated. Party leaders can be and are replaced all the time. The flip side is that (and this is equally exaggerated) that it only requires a decent party leader to pass decent legislation. I'm convinced that if the U.S. had a parliamentary system, we'd have had universal health care at least 60 years ago. It's not simply about corruption -- no party discipline makes change next to impossible.

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November 21, 2009 2:47 PM    in reply to Vertigo

I think the problem is not just corruption. The system allows individual senators- even from small states like ME and AR- too much power to hold rest of the country hostage to their priorities. IOW, they have too much undeserved power to abuse.

The Senate is not structured to represent the will of the people.

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November 21, 2009 3:05 PM    in reply to kash79

You are most correct about the senate not representing the people. That's why the founders created "the people's house"... the House, with numbers of representatives based on population.

What has become totally perverted was the rise of the filibuster rule. It was originally designed to ensure that even voices of the minority could be heard, not just simply shut out (otherwise, whoever won a majority might as well be the only ones to show up for business).

But it was supposed to only be used in limited circumstances — not at each and every breath or cough or belch from the majority side. This current crop of Rethugs have broken every historical record of using the filibuster, by a very southern country mile.

What needs fixing more than any other thing in the senate is to place restrictions and limits on the filibuster rule. Only then will the principle of majority rule be put back in place, and replace this situation of minority tyranny.

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November 21, 2009 2:02 PM   

SweetJeezus! Just where do these people get the idea that they can defy their own caucus on procedural votes? Why is Reid even entertaining such threats? They should understand that they are Democrats or they suffer the consequences. Period. They can vote their conscience on the issue when it gets to the floor. But they have NO standing to defy their caucus and threaten to sustain a filibuster launched against their leadership.

I somehow think LBJ would be serving up Rocky Mountain Oysters to his feckless colleagues today as a means of getting the point across. Reid and the others would do well to channel a little bit of LBJ and put these jackasses out on the limb and challenge them to defeat health care reform. Enough compromise. Call the vote.

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November 21, 2009 3:16 PM    in reply to SleepinJeezus

Since the filibuster rule is being used in ways it was never intended, the sad truth is that it requires a solid 60 votes to get anything done. Majority no longer rules.

He has no real leverage there. That's why he worked a backroom deal steering money into one pet projects for Landrieu, Nelson and Lincoln within the past few days (so reporting goes) to get their yes votes to proceed to debate.

Makes you wonder what bribe will have to be paid these extortionists to get the bill to a vote doesn't it?

As for cracking down on any of the 58 people Reid really has some authority over? I guarantee you that Blanche Lincoln (whose term is not up until 2014) could very, very conceivably run as a Republican next time, as we know Lieberf*ck could or would.

The sad truth is that, since the Dems really are a big enough tent to have conservatives under it, the current 58 (with two indies thrown in) is actually not enough of a majority to shut down these corporatist goons.

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November 21, 2009 2:03 PM   

Well it looks like its going to be the damn trigger.

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November 21, 2009 2:03 PM   

To add to what I said above, this idiot has it so backwards it is almost stupefying how she became a Senator in the first place. Why she thinks denying choices other or not someone wants private insurance or a public plan is good policy, or even good politics is amazing. So she wants less choice for parts of the country, which will drive UP the death toll and the cost, because that is better policy? She thinks that telling voters they should have less options in health insurance is a good thing? Really?

It should be made very clear to her, that if there IS a trigger on the PO, there is no HCR and she will be responsible for more dead Americans every 2 months than 9/11.

But to be fair, she is not the only idiot whoring for media attention in COngress that actually floats (and often gets away with) this stupid argument. Why she (and all the other idiots spouting this insanity) are not called on it point blank, and made to try and argue there way out of denying voter more choices in their healthcare coverage options is a good thing, I'll never know.

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November 21, 2009 2:07 PM    in reply to Lestatdelc

ugh.

...other or not...

Should read:

...wether or not...

Where's my coffee?

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November 21, 2009 2:21 PM    in reply to Lestatdelc

You are absolutely correct about the shame that nobody calls her/them on these empty arguments. I think this is why Ron Wyden (huge supporter for single payer) shifted tactics on them toward the exchanges, and won one by getting Reid and Baucus to allow his ammendment in there that allows any insured person to dump existing insurers in favor of other choices in the exchange.

At the moment, that's the best chance at getting those insurance giants to compete against each other in a big way and, as a result, be another way to drag down the costs. It's far, far away from the power of forcing them to compete with a non-profit government program, but it's far better than the weak-kneed public options that are already on display.

It is one small victory in this evolving story, and not merely a pyrrhic one.

But, of course, since these folks are Medical Industrial Complex whores (since two of the four bad actors are men, this is not a sexist use), that will be just one more thing for them to oppose.

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November 21, 2009 2:24 PM    in reply to Lestatdelc

Again, Landrieu represents a red state that is only getting redder each year. Obama lost Louisiana by 20 points last year - a bigger margin than Kerry and Gore lost it by in 2004 and 2000. While residents of that state loathe high health care costs, they loathe government involvement even more, especially involvement by a libruhl-controlled government.

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November 21, 2009 2:05 PM   

Maybe the trigger can be constructed in the way that the moment the bill passes, the trigger clicks home (since unaffordable health care is already the norm)?

Aside from that, she should be respectfully removed from any and all senate assignments immediately after HCR goes through and be told she can have some of those assigments back, one at a time, by future support for all caucus procedural votes.

I know this ignores the New Senate bind that declares a warm body majority of 60 is not even enough if those warm bodies don't play by traditional rules (as she, Nelson and Lincoln do not). I begin to better appreciate what Max Baucus meant when he said that 65 votes would be required for real HCR to take place. It would require a 65 seat majority, another 4-5 loyalists, to negate the exaggerated influence of these disloyal oppportunist extortionists.

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November 21, 2009 2:05 PM   

Time to remove Landrieu's Medicaid sweetener...

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November 21, 2009 2:06 PM   

Nelson, who's threatening to not vote for cloture based on abortion (but who's problems would "magically" go away if the public option were gone) is secretly for this as well. So far that's three. That's Landrieu, Nelson and Lieberman. This is like I feared. If one is fillibustering openly (Lieberman) than that's cover for problem 3-5 others.

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November 21, 2009 2:08 PM   

At least, she did not touch the Wyden amendment.

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November 21, 2009 2:11 PM   

Why does Mary Landrieu hate America so goddamn much? No, that's a serious question. Triggers are such a bad idea in every respect that no matter what her motives her desired outcome is the functional equivalent of just wanting more people to suffer.

Rather than negotiating, the Democrats should be finding some way of forcing her hand and then getting rid of her. I get the strategy of letting moderates into the party to swell numbers in elected bodies, but moderates need to understand that they're lucky they got elected and they should not vote against the party on procedural points.

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niw

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November 21, 2009 2:15 PM   

If health care fails, Welcome to the beginning of the end of the Democratic Party.

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KML

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November 21, 2009 2:23 PM   

Can't Tim Kaine make this easy and just promise to give absolutely no DNC money for the reelection campaigns of Dems who vote against this bill???

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November 21, 2009 2:25 PM   

Would good old boy Moon Landrieu be proud of his girl? She should be ashamed of herself. Lots of poor folks in Louisiana need health care.

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November 21, 2009 2:32 PM   

Stories like this make me nuts. In all the coverage of the healthcare issue over the past year, I have yet to see one instance where the media forced one of the "centrist" Senators to explain their position. Why isn't anyone putting Landrieu and Nelson on the spot and making them articulate precisely WHY they are so determined to prevent a public option?

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niw

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November 21, 2009 2:32 PM   

She just said she will allow a vote to vote!

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November 21, 2009 2:56 PM   

Just curious: since they're busy throwing money at health insurance corporations, and since they want insurers to be able to skirt state insurance regulation, what is anyone's justification for not repealing McCarren-Furguson? Republican or Democrat? How is this possible, whatever their ideological stripes? I don't get it...

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November 21, 2009 3:00 PM   

reid isn't thinking about using triggers, is he? i thought we were pass that talk and reid was considering a opt-out. i find it really depressing that nelson, lincoln, and landieu had to be bribed in order to vote the way their constituients want them to.

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November 21, 2009 3:30 PM   

Where is a tough minded and tough talking LBJ type in the Senate when we need him?

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November 21, 2009 3:53 PM   

Uggghh! We've already compromised, and now we're being asked to compromise again. We need to contact our Progressive senators and teach them some negotiating skills. Bernie Sanders will not vote for a trigger. Feingold and Rockefeller may soon be in that contingency. If they made as much noise as the 3 conservative standard bearers, we would have a shot at a real compromise, and our only shot at an effective bill. Water it down any further and reform will worsen matters, resulting in a Democratic bloodbath for many elections to come.

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November 22, 2009 5:07 AM   

There is actually an easy way round this. The public option as is does not come into effect till 2013 anyway. Why not set that date as the trigger, or make the trigger even earlier and it's a win win! Send this idea to Charlie Schumer!

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